Schweiker v. Chilicky
Citation and Court
487 U.S. 412 (1988) — Supreme Court of the United States
Facts
Respondents were Social Security disability recipients whose benefits were terminated during a Reagan administration review of the disability rolls. They alleged that federal officials had violated their Fifth Amendment due process rights in implementing the reviews and sought Bivens damages against those officials. Congress had meanwhile created a remedial scheme — with administrative appeals and judicial review — that did not provide damages for constitutional violations.
Issue
Whether a Bivens damages remedy is available against federal officials for due process violations in the wrongful termination of Social Security disability benefits, given the existence of a comprehensive congressional remedial scheme.
Holding
No. The existence of Congress’s comprehensive remedial scheme for Social Security disability claimants, even one that does not provide complete relief, forecloses an additional Bivens remedy for constitutional violations.
Rule / Doctrine
A comprehensive congressional remedial scheme addressing the same wrongs as a potential Bivens claim is a “special factor counseling hesitation” that defeats the Bivens remedy, even if the scheme does not provide full compensation. The Court defers to Congress’s policy judgments about what remedies are appropriate in complex statutory programs.
Significance
Schweiker reinforces Bush v. Lucas and continues the Supreme Court’s progressive retreat from Bivens. It signals that the Court will not extend Bivens whenever Congress has created any remedial framework, even an imperfect one, for the same class of injuries — effectively shifting the burden to plaintiffs to show why a new Bivens context should be recognized.